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2025 DAILYLAW 17447 (GAU)

SBI GENERAL INSURANCE COMPANY LTD v. SINTU KILLINPI AND 3 ORS

I.A.(Civil)/2945/2018 · 2025-08-21

Budi Habung

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Judgment text

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Page No.# 1/3 GAHC010161582018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : IA(Civil)/2945/2018 SBI GENERAL INSURANCE COMPANY LTD JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA ROAD, ANDHERI (EAST), MUMBAI 400069 AND REIGONAL OFFICE AT 4TH FLOOR, B BLOCK, APEEJAY HOUSE 15 PARK STREET, KOLKTA BUILDING, ULUBARI, (OPPOSITE BORA SERVICE) GUWAHATI, ASSAM, PIN 781007 VERSUS SINTU KILLINPI AND 3 ORS W/O JOYSING HANSE, R/O RONGTHARVE, P.S. DIPHU, DIST. KARBI ANGLONG, ASSAM, PIN 782460 2:JOYSING HANSE S/O R/O RONGTHARVE P.S. DIPHU DIST. KARBI ANGLONG ASSAM PIN 782460 3:SRI SANTOSH SHARMA S/O SRI OM PRAKASH SHARMA R/O H/NO 3 OPP. HKV DINESH OJA PATH UCO BANK RAJGARH ROAD DIST. KAMRUP ASSAM PIN 781005 (OWNER OF THE VEHICLE NO. AS-01/FC-4375 (TRUCK)) 4:MD. JABIDUL ISLAM S/O TASOR ALI R/O CHANDAMARI Page No.# 2/3 P.O. BALBALA DIST. GOALPARA ASSAM PIN 783120 (DRIVER OF THE VEHICLE NO. AS-01/FC-4375 (TRUCK) Advocate for the Petitioner : MR. R GOSWAMI, MS. M SAIKIA,MS. P BORTHAKUR Advocate for the Respondent : MR. M KHAN (R4), MR. J RAHMAN (R4) Linked Case : MACApp./732/2018 SBI GENERAL INSURANCE COMPANY LTD JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA ROAD ANDHERI (EAST) MUMBAI 400069 AND REIGONAL OFFICE AT 4TH FLOOR B BLOCK APEEJAY HOUSE 15 PARK STREET KOLKTA BUILDING ULUBARI (OPPOSITE BORA SERVICE) GUWAHATI ASSAM PIN 781007 VERSUS SINTU KILLINPI AND 3 ORS W/O JOYSING HANSE R/O RONGTHARVE P.S. DIPHU DIST. KARBI ANGLONG ASSAM PIN 782460 2:JOYSING HANSE S/O R/O RONGTHARVE P.S. DIPHU DIST. KARBI ANGLONG ASSAM PIN 782460 3:SRI SANTOSH SHARMA S/O SRI OM PRAKASH SHARMA R/O H/NO 3 OPP. HKV DINESH OJA PATH UCO BANK RAJGARH ROAD DIST. KAMRUP ASSAM PIN 781005 (OWNER OF THE VEHICLE NO. AS-01/FC-4375 (TRUCK)) 4:MD. JABIDUL ISLAM S/O TASOR ALI Page No.# 3/3 R/O CHANDAMARI P.O. BALBALA DIST. GOALPARA ASSAM PIN 783120 (DRIVER OF THE VEHICLE NO. AS-01/FC-4375 (TRUCK)) ------------ Advocate for : MR. R GOSWAMI Advocate for : appearing for SINTU KILLINPI AND 3 ORS BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 22.08.2025 Heard Ms. M. Saikia, learned counsel appearing on behalf of the applicant/Insurance Company. This is an application under Order XLI Rule 5 of the Code of Civil Procedure, 1908, preferred by the applicant/Insurance Company, praying for stay of the operation of the impugned judgment and award, dated 05.05.2018, passed by the learned Member, Motor Accident Claim Tribunal No. 1, Kamrup, in MAC Case No. 590/2015. Since the connected appeal has already been admitted for hearing; hence, it is hereby directed that the effect and operation of the impugned judgment and award, dated 05.05.2018, passed by the learned Member, Motor Accident Claim Tribunal No. 1, Kamrup, in MAC Case No. 590/2015, shall remain stayed subject to deposit of 50% of the total awarded amount by the applicant/Insurance Company before the Registry of this Court, within a period of 6(six) weeks from today. The interlocutory application stands allowed and accordingly stands disposed of. JUDGE Comparing Assistant